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Public Notice: Kailua View Estates Association Inc.; Proposed Settlement of Safe Drinking Water Act Administrative Penalty and Opportunity to Comment

Publish Date: 07/25/2019

Summary

In accordance with Section 1423(c)(3)(B) of the Safe Drinking Water Act (“SDWA” or “Act”), 42 U.S.C. § 300h-2(c)(3)(B), and the “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits” (“Consolidated Rules”) at 40 C.F.R. Part 22, notice is hereby given of a proposed settlement, recorded in a Consent Agreement and Proposed Final Order (“Proposed Consent Agreement”), between the U.S. Environmental Protection Agency, Region 9 (“EPA”), and Kailua View Estates Association Inc. to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Act.

In the Matter of Kailua View Estates Association Inc., Docket No. UIC-09-2019-0051

Pursuant to 40 C.F.R. §§ 22.13(b) and 22.18(b)(2) - (3), Complainant and Respondent entered into a Proposed Consent Agreement to simultaneously commence and conclude this SDWA civil administrative proceeding. The Proposed Consent Agreement requires Respondent to pay to the United States a penalty of twelve thousand dollars ($12,000) and close the LCC by December 31, 2019. Payment of this penalty and closure of the LCC will resolve EPA’s allegations that the Respondent violated 40 C.F.R. § 144.88 by owning and/or operating one (1) large-capacity cesspool (“LCC”) after the ban on existing LCCs took effect on April 5, 2005.

Complainant: Amy C. Miller, Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105

Respondent: Kailua View Estates Association Inc.

Facility: Kailua View Estates Recreation Center Pavilion, 75-280 Nani Kailua Drive, Kailua-Kona, HI 96740.

Description of Business or Activity Conducted by the Respondent: Recreation Center for the Kailua View Estates Subdivision.

Alleged Violations: EPA alleges that Respondent owns and/or operates one (1) LCC in violation of the ban that took effect on April 5, 2005 40 C.F.R. § 144.88.

Proposed Order and Penalty: $12,000

Date Filed with Regional Hearing Clerk: July 25, 2019

Applicant or Respondent

Kailua View Estates Association Inc.
c/o Hawaiiana Management Company Ltd.
74-5620 Palani Road, Suite 215
Kailua-Kona,, HI 96740